Judge denies Cantrell retrial
Post-Tribune (IN)
November 22, 2008
HAMMOND -- Political power broker Robert Cantrell was in fact seated at the defense table throughout his five-day fraud trial in May, U.S. Judge Rudy Lozano stated Friday in a ruling denying Cantrell's motion for a new trial.
Cantrell, who was convicted of 11 counts of honest services and mail fraud, had asked for a new trial, noting that no witnesses called to testify specifically identified him in the courtroom.
"At no time did any witness formally identify
"Despite this lack of formal identification" Lozano continued, "nine witnesses testified about their interaction with 'the defendant, Robert Cantrell.'"
Witnesses in criminal trials typically are asked by prosecutors if they know the defendant and if the defendant is present. Then, they often are asked to describe what the defendant is wearing, or to point the defendant out for the jury.
Prosecutors scrupulously asked the first two questions, but failed to ask the third -- a fact pointed out by defense attorney Kevin Milner after the government rested its case, and in a motion for new trial.
Cantrell was charged with failing to disclose his ties to -- and to report thousands of dollars he was paid by-- a counseling service that did business with the North Township Trustee while Cantrell was in charge of the trustee's office in Indiana Harbor.
In his 16-page opinion, Lozano included numerous excerpts from witness transcripts where Cantrell was identified as the defendant.
Cantrell also argued that the government failed to provide adequate evidence he was guilty of the charges. Lozano said the defense motion did not include legal citations or arguments explaining shortcomings in the prosecutors' case.
Cantrell, 66, is scheduled to be sentenced Feb. 19.
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